一般民眾所認知的「重傷」與刑法的「重傷」定義未必相同。101年藝人及日籍友人毆打計程車司機,致其腦震盪開刀乙案,民眾抨擊法院判決行為人「普通傷害罪」荒謬,應是民眾對於「重傷罪」之認知與法律規範不同所致。
依刑法第十條之定義,稱「重傷」者,指毀敗或嚴重減損視覺、聽覺、語言、 味覺、嗅覺、生殖、四肢機能或其他造成身體健康「重大不治或難治」之傷 害。其餘之損傷,只要經治療後得以回復,均屬於「普通傷害」。
The "serious injury" that the general public is familiar with may not align with the legal definition of "serious injury" under criminal law. In the case in 2012, where a celebrity and his Japanese friend assaulted a taxi driver, causing a concussion that required surgery, the public criticized the court's decision to convict the perpetrators of "simple assault," deeming it absurd. This reaction likely stemmed from a difference in understanding between the public's perception of "serious injury" and the legal standards set by the law.
According to the definition in Article 10 of the Criminal Code, "serious injury" refers to injuries that cause significant damage or severe impairment to vision, hearing, speech, taste, smell, reproductive functions, limb functions, or other injuries that result in a "major or difficult-to-treat" impact on physical health. Any other injuries, as long as they can be restored through treatment, are considered "simple assault."
Therefore, unless a serious injury meets the definition of "serious injury" under the Criminal Code, the court can only convict the offender of "simple assault." The reason for this is likely due to the gap between legal terminology and common language usage.
March 9, 2025